Distinctiveness of a Trademark

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INTRODUCTION Nowadays, the roles and status of trademarks in the market economy are changing so profoundly that well-known marks have gradually broken away from the products they once adhered to and come to the fore in our lives in the end. Against the above background, there is an urgent need for “new breakthrough on ideas, new construction of theories and new design on system” of trademark protection. The distinctiveness refers to a trademark’s feature to indicate the origin or source of a product and to distinguish it from the products in the same category, therein to, to indicate and to distinguish are the two sides of a coin. From the viewpoint of recognition psychology, only when a good quantity of the related consumers have formed a recognition network concerning specific product and there include one or more nodes whose function is to identify the specific product that comes from the specific source, can we say that the node or nodes collection have acquired distinctiveness, therefore could function as a trademark. Traditionally, the distinctiveness could either be inherent or acquired, and the former is preferred. In fact, the so-called inherent distinctiveness means nothing more than advantages for a trademark to acquire distinctiveness while it is not with genuine distinctiveness. There is no born trademark, the distinctiveness of which could only be acquired through trade and sales management. It is the acquired distinctiveness that determines the strength and legal protection scope of a trademark. The reason that the marks with inherent distinctiveness could be registered directly lies in that these marks generally acquire distinctiveness within a short period. The law imposes no obligation of proof concerning the secondary meaning on account of the consideration of the cost and the efficiency. Corresponding to the signification

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